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Methadone clinic hearing continued in Lowell

By Ed Hannan, Sun Correspondent

Updated:
04/23/2013 06:35:20 AM EDT

LOWELL -- Discussion of the controversial proposal to locate a narcotics-detoxification clinic off Stedman Street near the Chelmsford town line ended before it began Monday night when the Zoning Board of Appeals unanimously voted to continue the public hearing until next month.

Habit OpCo, which has operated a methadone clinic on Hall Street near downtown since 2006, wants to move when its lease ends in September. The facility searched locations throughout Lowell and found a vacant office building on Olde Canal Drive "most suitable," according to its ZBA application.

Before opening the public hearing to the about 50 people in attendance, the ZBA agreed with attorney George Eliades' request to continue the public hearing to May 30 at 6:30 p.m. The meeting ended in 15 minutes.

Eliades asked for a continuance until May 30 because of a last-minute request from Eric Eby, the city's transportation engineer, for a traffic study of the site.

"There were a number of issues called to my attention by the (city's) Department of Planning and Development that need further work," Eliades said.

"As you probably know, provisions of Chapter 7.7 of the city code state that the Zoning Board of Appeals has the authority to require a traffic report be given. That issue hasn't come up before you. However, the Department of Planning and Development tells me it's in everybody's best interest to have that traffic report. I disagree because everyone who lives in the city of Lowell or the town of Chelmsford knows what traffic is like there.

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Board member Corey Belanger said members received the same request from Eby earlier in the day on Monday, the same time Eliades said he received Eby's request.

"It was in the final hour," Belanger said of Eby's request. "I didn't think it would come to this."

Another issue which Belanger raised had to do with proper posting of the meeting notice for Monday night's meeting.

Belanger said he visited the site at 11:30 a.m. Monday, but did not see a posting of the meeting.

"I believe with the frontage this location has, that you need two postings on the site," he said.

Eliades said that due to the unique dimensions of the site and the lack of clarity within the city ordinance regarding meeting notices, it wasn't clear to him whether notices for property with more than 500 feet of frontage had to be 500 feet apart, but could be on opposite ends of the site or whether one notice closest to the door would be sufficient.

"We believe we've met the requirements of the ordinance," Eliades said. "Rather than get into a situation where we're starting off with legal disagreement, I'd just as soon (continue the hearing) to May 30, put a new sign up with Department of Planning and Development approval and go from there."

Belanger said, "Regarding the traffic study, in all fairness on both sides of this, we were hit with this this afternoon. Both sides feel it's important. On the notice side, I didn't see a notice. That's not notifying neighbors properly. It could open your side up to an appeal."

Belanger reminded those in attendance and watching on television that because the hearing was continued, "You will not be notified by mail. We apologize. We were all hit with this. We're all very sorry for this. I know you're here to speak, but we're not going to open the hearing tonight."

The City Council approved the new ordinance March 12 to allow a methadone clinic in a light-industrial zoning district that includes the Stedman Street area.

The ordinance allows narcotic detoxification and maintenance facilities in four zoning districts, including light industrial districts, through a ZBA special permit. Such facilities are only allowed in three other zones: regional retail, such as shopping plazas, high-rise commercial and office parks.

The City Council amendment also eliminated several zoning districts where such facilities previously could be approved by special permit. Those zones were suburban mixed-use, traditional mixed-use, neighborhood business, urban mixed-use, downtown mixed-use and institutional.

Habit OpCo serves 500 or more patients on its busiest days, nearly 90 percent of which are Lowell residents, according to the application. The facility opens each day at 6 a.m., and closes at 2 p.m. on weekdays and 11 a.m. on weekends.

The Hall Street facility, which was previously run by Habit Management, has been in that location since 1987, according to the application.

The proposed location for the new facility, at 22 Olde Canal Drive, has been vacant since 2010.

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